AURORA, Colo. -- An attorney for an illegal immigrant facing charges in an accident that killed three said that a toxicology report shows the other driver had meth in her system, bolstering his argument that vehicular homicide charges be dropped.

The toxicology reports indicate that 49-year-old Patricia Guntharp had meth and other "drugs of abuse" in her system.

A message left by The Associated Press for Robert Guntharp, Patricia's husband, was not immediately returned.

She, along with passenger 52-year-old Debra Serecky died Sept. 4. Three-year-old Marten Kudlis also died when the wreckage plowed into an ice cream shop where he was waiting for an ice cream cone.

Serecky was on a lunch break from work at the time of the crash and had methamphetamine and marijuana in her system, according to autopsy reports.

Kallman Elinoff, an attorney for 23-year-old Francis Hernandez charged in the accident, has said Guntharp caused the crash by crossing a double yellow line and making an illegal left turn.

"Any time you have somebody who is on meth -- or doing drugs -- behind the wheel, you're an accident, or death, waiting to happen," Elinoff said

Investigators said Hernandez, a Guatamalan who came to the country when he was 5, was going 78 mph. His attorney says he was merely "driving fast" and was not at fault. Hernandez has a lengthy criminal record mostly for misdemeanor offenses. He did not have a driver's license.

Kathleen Walsh, a spokeswoman for the 18th Judicial District Attorney's Office, said prosecutors believe the evidence supports the charges against Hernandez, which will remain the same.

"You can say but for the fact that he came to this country illegally 20 years ago, the accident wouldn't have happened," Elinoff said. "Now the argument is but for the fact that she was high on meth and got in that car, this accident would never have happened."

Hernandez's next court date is Monday. He faces several charges, including three felony counts of vehicular homicide, four counts of leaving the scene of an accident, three counts of third-degree assault, one count of child abuse resulting in injury and one felony count of child abuse resulting in death.